Substantive due process

In Young v. New York City Transit Authority, the courts used different tests and relevant precedents to determine if begging and panhandling should be protected under the freedom of speech doctrine. The two-prong test was developed by the Supreme Court in Spence v. Washington to determine if expressive conduct was protected as a form of speech under the First Amendment. “The first prong of the test requires a court to determine whether there exists an intent to convey a “particularized message.”…

The issue in the case of Donald B. Farmer v. Commonwealth of Virginia, Farmer claims that since there was another man already charged and convicted of these crimes, the Due Process Clause of the Fourteenth Amendment to the Constitution of the United States prohibits the Commonwealth from prosecuting Farmer under inconsistent theories regarding the identity of P.F.’s rapist and also, that the evidence was insufficient to sustain Farmer’s convictions. In 2011, Donald Farmer was convicted and…

expulsion as a violation of her due process rights. Can the student challenge the action? Surprisingly, the answer depends on which federal circuit the student lives in. In 1975, the United States Supreme Court held that state law could provide primary students a property interest in their education. However, forty years later, courts remain uncertain of when such an interest exists for university students. In Goss v. Lopez, the Supreme Court extended due process protections to a group of…

rights and due process is a complex issues. It is something that has been debated by educational professionals, scholars, and even the American court system as a whole. Before the EAHCA of 1975 the law had very little written in regards to due process rights, and many times school officials were the only people making decisions for disabled students. Parental input was limited at best (EAHCA, 1975). Below I will discuss a specific court case that involves parental rights or due process,…

The use of coercion in plea bargains is constitutional according to the Supreme Court. Since plea-bargains for drug courts involve a greater need of coercion than normal court process due to the limited options available, it is considered a leveraging power to help drug users take advantage of the necessary treatment provided. However, the excessive use of coercion has led to many drug offenders entering treatment that are considered understaffed and over capacity (Parsons & Wei, 2015). The…

District Court for the District of Minnesota and the U.S. Court of Appeals for the Eighth Circuit, respectively. Each has an involved history with Minnesota’s governor, Joyce Cooper. In this paper, I will argue that the Fourteenth Amendment’s Due Process Clause bars Skinner, but not Tiller, from hearing two cases to which Cooper is a party: the Sierra Club case and the Cooper Corruption case. I address each of the two cases in parts I and II of the paper. Under each of those parts is two…

result of abuse or neglect. No child should have to be in fear or in pain, let alone have that pain and fear be caused by the very people who brought them into the world. The topic I chose to write about is child abuse. I strongly feel that the Due Process Clause as well as several other laws and rights should be designed to help protect children, not prevent them from getting help. Everyone has the right to life, liberty, and the pursuit of happiness. As well as the right to pursue their life…

rehear the case. According to “Facts and case summary: In re Gault 387 U.S. 1(1967)” on www.uscourts.gov. It was the Supreme Court that had decided that “...juveniles facing an adjudication of delinquency and incarceration are entitled to...the Due Process Clause...”. After review of the case by the Supreme Court, they had found it to be in violation of the fourteenth amendment but, saw the punishment as a correction instead of a…

While reading the Seattle public school hand book it was learned that they encourage a positive learning environment for their students. When it comes to their due process requirements prior to a short-term suspension it was mentioned that the principal and the assistant principal are the ones that make the decision on whether the student should be suspended or not. It all depends on the condition of how the rule was broken. A short term suspension goes into effect as soon the principal and…

A teacher and a student's constitutional rights can be protected within the classroom as long as the educational process is not disruptive. (Tinker vs. Des Moines Indep. Sch. Dist., 1969). In Hazelwood, the Principal prohibited the publication of articles he deemed inappropriate but the Court ruled the articles promoted educational goals and to prohibit publication…